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Membership Agreement

Membership Agreement

In our membership agreement The Bourse, LLC seeks to provide a shared, community-driven workspace for location independent workers and individuals. It exists because of you and for you. As a member, you will not just be a customer of The Bourse; you’ll be an active part of what The Bourse is and does for you and for others. Coworking New Haven is Coworking Awesome. Come be a part of it!

Membership Agreement Features

Below are some, but not all, of the benefits members receive as part of the membership agreement:

All Memberships

• Priority on use of conference rooms
• Free admission to member-related events held in the space
• Flex Workspace (chair/desk, table, counter, drafting table, wing chair, couch, etc.) during normal operating hours (9am-5:30pm M-F, 9am-3pm Sat. except holidays), as well as freedom to use the space during other hours if a manager is present
Lounge/Chill Space
• Use of Kitchenette/Filtered Water
• Use of High Speed WiFi
• Use of Fax/Printing/Copier (limit of 5 per paid day)
• Coffee/Tea
• Use of Mailing Address
• Utilities, Device Charging
• Secure Bike Racks – subject to availability
• Discount Vouchers for Day and Month Parking at nearby Lots/Garages (if and while available)

Payments

Rates

– Rates published from time to time under separate document.
– Rates subject to change without notice.

Dates

- All membership payments are due at the beginning of the service period (month, semiannual, annual, multiple day pass, etc.).
- The Bourse reserves the right to charge fees and/or withhold services if payments are returned for lack of funds, etc.

Payment Methods

- Members may pay via Cash, Credit Card or PayPal.

Terms of Use

The following Terms of Use may be somewhat lengthy, but we want to be careful to ensure that everyone is properly protected. Please feel free to contact us at bourse@boursenewhaven.com with any questions regarding these terms.

1. Acceptance of Terms.

The services The Bourse, LLC (“The Bourse”) provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use (“TOU”).
The Bourse reserves the right to update the TOU at any time. The Bourse will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.

2. Description of Services.

The Bourse may provide you with access to office space, work stations, Internet access, office
equipment, conference space, knowledge resources, and other services as The Bourse may provide from time to time (collectively, “Services”). The Services at all times are subject to the
TOU.

3. No Unlawful or Prohibited Use.

As a condition of your use of the Services, you will not use the Services in a manner that is disruptive or offensive to others or for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Bourse server, or the network(s) connected to any Bourse server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Bourse server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.

4. Use of services.

You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Restrict or inhibit any other user from using and enjoying the Services. And because this community exists to support each other, we cannot ignore or condone self-destructive behavior either, such as alcohol use or abuse, drug use or abuse, or financial indebtedness;
c. Allow entry of unauthorized non-members to use Services.
d. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Bourse Services;
e. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
f. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
g. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
h. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
i. Restrict or inhibit any other user from using and enjoying the Services;
j. Violate any code of conduct of other guidelines, which may be applicable for any particular Service;
k. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
l. Cell Phones: In the interests of maintaining a peaceful environment all members, guests, and clients shall turn phones, pagers, etc. to vibrate while in the space. Use a personal space for verbal conversations, i.e. stair hall, phone booth (if furnished), common space
or a meeting room for all calls;
m. Music: Unless otherwise agreed by all present, all music must be by personal headsets only set only at volume the does not disturb others;
n. Access Cards, Locks and Keys: Do not compromise the building security or the security of the spaces therein and ensure that all reasonable measures are taken to safeguard the The Bourse, occupants and the occupants’ possessions. At no time should security locks be bypassed or left in an open position and external doors should never be propped open whilst unattended. Cards, locks and keys are not transferable and should not be lent out at any time to any one for any reason. Lending of Access Cards, locks or keys will result in termination. If your card, lock or key is misplaced or stolen, you must notify staff immediately. Deposit on lost access card, lock or key is forfeited and new deposit must be paid on new access card;
o. Damage: The Bourse retains the right to charge members causing any damage to the facility or its equipment that exceeds regular wear and use for such damages;
p. Acceptable use: The Bourse reserves the right to charge members for meeting room time, printing, shipping and receiving, phone use, and other services that exceed normal consumption or as expressly stipulated in this agreement or rates sheet.
q. Items not allowed: No smoking, drugs, alcohol (accept at planned events) or firearms. No pets or bikes are allowed in the building;
r. Sleep overnight;
s. Violate any applicable laws or regulations; and
t. Create a false identity for the purpose of misleading others.

Sustainability: Shared spaces are better for the planet, so we like to take that a little further and make certain our space is environmentally responsible. In using the facilities of The Bourse we expect people to behave in a way that is congruent with those values, specifically:

  • Respect the space and leave it as you find it. If you moved things around then return them to their original location and please tidy up after yourself.
  • Give back the equivalent of what you take out. If you drink the coffee; occasionally contribute some, if you can’t afford to buy it, make good in kind.
  • This is a co-working space so there is an expectation that you will collaborate where possible and be prepared to draw on the help and support of others while respecting their right to get their own work done.
  • Respect the people around you and embrace differences. One of the great things about co-working is it draws in a variety of people, enjoy and respect the difference.
  • Spread the word to like minded people.

5. The Bourse reserves the right at all times to disclose any information about you

, your participation in and use of the Services as The Bourse deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Bourse’s sole discretion.

6. Confidentiality.

a. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by The Bourse, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.
Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained
through examination or observation of or access to the facilities, computer systems and/or books and records of The Bourse, any analyses, compilations, studies or other documents prepared by The Bourse or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
b. Your participation in and/or use of the Services obligates you to
I. maintain all Confidential Information in strict confidence;
II. not to disclose Confidential Information to any third parties;
III. not to use the Confidential Information in any way directly or indirectly detrimental to The Bourse, or any participant or user of the Services.
c. All Confidential Information remains the sole and exclusive property of The Bourse or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of The Bourse, or any participant or user of the Services.

7. Participation In or Use of Services.

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Bourse does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

8. Disclaimer of Warranties.

To the maximum extent permitted by applicable law, The Bourse provides the services “AS IS” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you the member.

9. Exclusion of Incidental, Consequential and Certain Other Damages.

To the maximum extent permitted by applicable law, each member hereby waives, releases and discharges The Bourse; such that in no event shall The Bourse or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future
officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages
for: loss of profits, loss of confidential or other information, business interruption, personal injury, property damage, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The Bourse, and even if The Bourse has been advised of the possibility of such damages.

10. Limitation of Liability and Remedies.

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages or damages or loss of personal equipment and belongings), the entire liability of The Bourse or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and your exclusive remedy for all of foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

11. Termination.

The Bourse reserves the right to terminate any Service at any time. The Bourse further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU. In the case of premature termination of month or day pass memberships, no refund shall be tendered. In the case of premature termination of semi-annual or annual memberships, refund shall be tendered up to cost of smaller term memberships to time of termination, e.g. if annual membership is terminated prematurely after three months (or portion thereof) of Service, refund shall be made less the cost of three month passes.

12. Indemnification.

You release, and hereby agree to indemnify, defend and save harmless The Bourse and The Bourse’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by The Bourse or its respective officers and agents in connection with the defense of such claim or lawsuit.

13. Written Exceptions

Any exceptions to the policies of this agreement must be approved in writing in advance.

14. Severability.

In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

15. Insurance.

The Bourse will carry Liability and Business Personal Property insurance for its own property but not property belonging to members. As a user, members are advised to carry a Renters Insurance policy to cover your own equipment while using our space.



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